Terms of Service

Transbytes Inc owns & operates this website FoodSniffr (the "Site") and the services related to or offered on the Site (hereinafter, the "Services"). FoodSniffr is a trade name of Transbytes Inc.

This Site Does Not Provide Medical Advice.

The entire contents of FoodSniffr Site offers health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR SERVICES IS SOLELY AT YOUR OWN RISK.

If you think you may have a medical emergency, call your doctor or 911 immediately. FoodSniffr does not recommend or endorse any specific products, restaurants, procedures, opinions, services, or other information that may be mentioned on the Site. Nothing stated or posted on the Site, or via our Services such as Email Newsletters, blog, mobile apps etc is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. New developments in medical & nutrition may impact the health and nutritional topics discussed on the Site and no assurance can be given that the information contained in the Site will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors, you do so solely at your own risk.
.
FoodSniffr Beta Service: FoodSniffr Beta is a trial or "beta" Service from Transbytes Inc. It is available free for a limited time to residents of the United States (including its territories). As a beta Service, certain limits on storage or usage may apply; these limits may be set or changed by Transbytes Inc at any time, at Transbytes's discretion, and you agree that you will not attempt to obstruct or prevent the application of those Service limits at any time, or to manipulate your usage of the Service to avoid or circumvent them.

Children's Privacy: We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content: FoodSniffr authorizes you to view or download a single copy of the material on the FoodSniffr Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2011, Transbytes Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FoodSniffr Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Transbytes Inc intends to file for trade name protection under United States law. Title to the Content remains with FoodSniffr or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FoodSniffr. All rights not expressly granted herein are reserved to FoodSniffr and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Commercial Transactions: Certain products or services may be offered for sale on the Site or by means of rendition of Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by FoodSniffr or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information which you warrant is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing FoodSniffr with your credit card number and associated payment information, you agree that FoodSniffr, and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify FoodSniffr of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. To review the billing terms on your account or to terminate a subscription service, you may email billing@foodsniffr.com.

Liability of FoodSniffr and Its Licensors The use of the FoodSniffr Site and the Content is at your own risk.

When using the FoodSniffr Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FoodSniffr and its suppliers. Accordingly, FoodSniffr assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FoodSniffr Site.

Without limiting the foregoing, FoodSniffr, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FoodSniffr Site or FoodSniffr.
2. The satisfaction of any government regulations requiring disclosure of information on food products, or other products or restaurants or the approval or compliance of any software tools with regard to the Content contained on the FoodSniffr Site. In no event shall FoodSniffr, its licensors, its suppliers, or any third parties mentioned on the FoodSniffr Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FoodSniffr Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FoodSniffr, its licensors, its suppliers, or any third parties mentioned on the FoodSniffr Site are advised of the possibility of such damages. FoodSniffr, its licensors, its suppliers, or any third parties mentioned on the FoodSniffr Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Third Party Content: Any information, opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not FoodSniffr. Neither FoodSniffr, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither FoodSniffr nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized FoodSniffr or Licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. FoodSniffr and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.

User Submissions: The personal information you submit to FoodSniffr is governed by the FoodSniffr Privacy Policy. To the extent there is an inconsistency between this Agreement and the FoodSniffr Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including user comments, tags, pictures, reviews, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to FoodSniffr by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FoodSniffr by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to FoodSniffr by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-FoodSniffr a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. FoodSniffr may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to FoodSniffr by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions of Comments, Image, Video, Audio Files You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their written & signed permission is strictly prohibited.

By uploading any media on the FoodSniffr site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the FoodSniffr Advertising Policy and the FoodSniffr Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to FoodSniffr a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes FoodSniffr to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify FoodSniffr and its affiliates, directors, officers and employees and hold them harmless from any and all claims by third parties and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

FoodSniffr reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Passwords FoodSniffr has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FoodSniffr passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your FoodSniffr account and password; (3) promptly inform FoodSniffr of any need to deactivate a password. You grant FoodSniffr and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FoodSniffr cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using FoodSniffr tools and services. Breach of these provisions hall subject the offender to all equitable & legal remedies.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not obscene, threatening, illegal, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. FoodSniffr reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant FoodSniffr a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FoodSniffr and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FoodSniffr for all claims resulting from content you supply. FoodSniffr has the right but not the obligation to monitor and edit or remove any activity or content. FoodSniffr takes no responsibility and assumes no liability for any content posted by you or any third party.

In consideration of being allowed to use the Public Areas such as User Reviews, Comments, Tags, etc, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FoodSniffr in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Knowingly distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of FoodSniffr, exposes FoodSniffr or any of its customers or suppliers to any liability or detriment of any type.
FoodSniffr Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the FoodSniffr Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the FoodSniffr Site, regardless of whether such communication(s) violate these standards.
FoodSniffr or its licensors have no liability or responsibility to users of the FoodSniffr Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
FoodSniffr may provide links to third-party web sites of partners, sponsors, etc. FoodSniffr also may select certain sites as priority responses to search terms you enter and FoodSniffr may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FoodSniffr does not recommend and does not endorse the content on any third-party websites. FoodSniffr is not responsible for the content of linked third-party sites, sites framed within the FoodSniffr Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FoodSniffr does not endorse any product, service, or treatment advertised on the FoodSniffr Site.

This Site and third parties who place advertisements on this Site may collect and use information about your visits to this Site and other websites in order to provide advertisements about goods and services of interest to you.

Indemnity
You agree to defend, indemnify, and hold FoodSniffr, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

ELECTRONIC COMMUNICATIONS
When you visit Amazon.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General
FoodSniffr is based in Jersey City, NJ, in the United States of America. FoodSniffr makes no claims that FoodSniffr or any section within the FoodSniffr Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the FoodSniffr Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with FoodSniffr, or in any way relating to your use of the FoodSniffr Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving FoodSniffr or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting FoodSniffr's copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
FoodSniffr's agent for copyright issues relating to this web site is as follows:

Transbytes Inc
Attn: Privacy
20 Newport Parkway #1910,
Jersey City, NJ 07310
editor@foodsniffr.com

In an effort to protect the rights of copyright owners, FoodSniffr maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement
Except as expressly provided in a particular "legal notice" on the FoodSniffr Site, these Terms and Conditions and the FoodSniffr Privacy Policy constitute the entire agreement between you and FoodSniffr with respect to the use of the FoodSniffr Site, and Content.

Thank you for your cooperation. We hope you find the FoodSniffr.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Page or via U.S. mail to: Transbytes Inc, 20 Newport Parkway #1910,, Jersey City, NJ 07310.